High Courts judgments

A Punjab & Haryana HC revision set aside a lower court’s acceptance of a photocopied property verification report, ruling that under Section 65 the party must first establish why the original document cannot be produced. This clarifies that secondary evidence cannot be admitted on mere assertion, impacting litigants relying on copies in civil property disputes.

Delhi High Court refused to quash summons issued to the directors of Dev Bhoomi Automobiles, holding that a prima facie case under Sections 138 and 141 NI Act suffices at the pre-trial stage. The court clarified that directors can be held vicariously liable for the company’s dishonoured cheques without proving they signed the instrument. Consequently, lack of signatory status cannot shield directors from criminal summons in NI Act matters.

Bombay High Court fixes market value at Rs.1,725 per square metre for Bokadvira land acquisition, clarifying valuation principles under Section 28A(3) of the Land Acquisition Act.

A divorce settlement clause that the husband ‘will have to give’ a flat imposes a binding duty to transfer ownership, not just a right to reside. The Delhi High Court set aside the Family Court’s dismissal, holding that such clauses are enforceable as property transfers, enabling spouses to compel title conveyance.

The Punjab & Haryana HC reduced the death penalty for the rape-murder of a 7-year-old to life imprisonment with a mandatory fifty-year minimum and imposed fines of Rs 50 lakh and Rs 23 lakh. It also ruled that CCTV footage without a Section 65B certificate is inadmissible, raising evidentiary standards in grave sexual-offence cases.

Delhi HC rejected NHAI’s Section 34 challenge, confirming the arbitral award of 10% p.a. interest compounded monthly. It held that jurisdictional objections must be raised promptly and that consent to arbitrate precludes later attacks. The decision safeguards interest awards and clarifies procedural timing for parties in arbitration.

The Delhi High Court ruled that a claim of residence under Section 17 of the Domestic Violence Act does not stay a civil suit for possession, as the Act offers only protective relief, not a bar to eviction. Property owners can therefore proceed with eviction even when the occupant invokes a residence right under the DVA. This clarifies the limited scope of Section 17 in property disputes.

The Delhi High Court struck down NHAI’s two-year debarment of SAI Consulting, ruling that blacklisting is an extraordinary sanction that can be imposed only after showing serious misconduct and affording a fair hearing. The decision limits agencies to use debarment proportionately, protecting contractors from punitive bans for mere contractual lapses.

Karnataka High Court upheld the consumer commission’s order, directing SBI to credit Rs 1,99,000 to the customer and award Rs 25,000 compensation. The ruling affirms the RBI’s zero-liability circular, requiring banks to reverse unauthorised electronic debits reported within three hours and pay interest for non-compliance. Account-holders benefit from swift redress against e-banking fraud.

The Himachal Pradesh High Court clarifies that Section 11(2) of the Electricity (Duty) Act, 2009 can only raise rates within defined limits and must be guided by clear principles, impacting stone-crusher industries.

The Allahabad High Court ruled that the 18-month limitation in Sec 245D(4A)(iii) starts at the initial filing of a pending settlement application and cannot be reset by transferring the case, rendering the Interim Board’s October 2023 order time-barred and void. Taxpayers can no longer revive stale settlement applications by shifting them between boards.

The Allahabad High Court ruled that the 2025 LPG customer-transfer policy is a lawful, non-arbitrary exercise of oil marketing companies’ contractual authority, rejecting petitions alleging violation of legitimate expectation. This affirms OMCs’ right to reallocate LPG customers and preserves the regulatory framework for LPG distribution nationwide.

The Gujarat High Court upheld ₹8 lakh compensation for a passenger who fell from a moving train, ruling that alighting from a running train constitutes an 'untoward incident' under the Railways Act. The court also held that a DRM report filed beyond 60 days is inadmissible to deny compensation, regardless of the deceased's alleged negligence.

The Calcutta High Court ruled that Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 exceeds the scope of Section 30 of the Advocates Act, 1961, thereby affirming the right of senior citizens to be represented by a chosen advocate before the Maintenance Tribunal. This ensures tribunals cannot deny legal counsel, strengthening procedural safeguards for elderly litigants.

The Calcutta High Court acquitted the accused, ruling that an unexplained nine-month FIR delay destroys the statutory presumption of guilt under Section 29 of the POCSO Act. The decision limits the presumption to promptly filed FIRs, safeguarding defendants from automatic liability.

The Gujarat High Court set aside the FIR and charge-sheet, ruling that a civil property dispute cannot be transformed into a criminal case, and invoked its power under Section 482 CrPC to curb abuse of process. This safeguards subsequent land purchasers and others from criminal prosecution over purely civil title matters.

The Tripura High Court ruled Section 12(5) applies retrospectively to pre-2015 agreements, invalidating clauses appointing a party's employee as arbitrator absent an express waiver. The court appointed an independent arbitrator, reinforcing neutrality in legacy government contracts.

The Punjab & Haryana HC ruled that a Collector under Section 31 Indian Stamp Act can only determine duty, not impose penalties or order recovery. It also held municipal parking contracts are leases under Section 2(16)(c) as they involve letting of tolls, and functus officio does not bar impounding powers. The decision limits revenue authorities' enforcement powers and clarifies stamp duty for public parking arrangements.

Chhattisgarh HC upheld the trial court's declaration that a registered gift deed was void under Muslim law where donees failed to prove effective delivery of possession of the entire property. The ruling confirms registration alone cannot perfect a Hiba without actual delivery, and affirmed a permanent injunction protecting the plaintiffs' settled possession.

The court held that Section 194 BNSS permits police only to ascertain the cause of unnatural death, not to conduct a roving investigation, and directed compliance with the Jacob Mathew safeguards for medical professionals. The ruling protects doctors and hospitals from harassment through excessive police notices during inquest proceedings.

The Manipur High Court ruled that a CISF constable cannot be summarily dismissed under Article 311(2) unless the authority’s satisfaction is supported by objective evidence, not merely subjective belief. This safeguards service members from arbitrary termination and mandates a proper departmental enquiry.

The Himachal Pradesh High Court affirmed a Rs 4,000-per-month maintenance order for a divorced wife, holding that Section 125 CrPC guarantees support until she remarries, regardless of the husband’s financial-hardship pleas. This safeguards divorced women’s livelihood until they enter a new marriage.

Contractual lecturers who completed two years of uninterrupted service must be regularised retroactively, with all accrued benefits, and the clause that made the order prospective was struck down. This obliges the Himachal Pradesh education department to grant permanent status and back pay to eligible staff, reinforcing that service-regularisation cannot be deferred by administrative notifications.

Gauhati High Court quashed the prohibition order on a tax consultant’s office, ruling that sealing under Section 67(4) is invalid unless the premises are actually denied access. The decision safeguards GST-registered businesses from arbitrary closure by tax authorities.